Prosecution does not hand over favorable evidence [court hearing stage]

Article 2 of the Criminal Procedure Law of the People's Republic of China stipulates:

The mission of the Criminal Procedure Law of the People's Republic of China is to ensure accurate and timely identification of criminal facts , correct application of the law , punish criminals , and ensure innocence protect people from criminal prosecution , educate citizens to consciously abide by the law , actively fight against criminal acts , safeguard the socialist legal system , respect and protect human rights , and protect Citizens ’ personal rights , property rights , democratic rights and other rights ensure the smooth progress of socialist construction .

That is to say, the basic tasks of the Criminal Procedure Law include combating crime, respecting and protecting human rights, and ensuring that innocent people are not subject to criminal prosecution. Under the guidance of such basic principles, although in criminal proceedings, the public prosecutor, procuratorate, law and defense play different roles and undertake different litigation functions, the public prosecutor, procuratorate and law, as national public authorities, shall, in accordance with the "People's Republic of China" The Criminal Procedure Law of the Republic stipulates that it is necessary to collect evidence that proves the guilt of criminal suspects and defendants, and at the same time, it is necessary to collect evidence that can prove that criminal suspects and defendants are innocent and have minor crimes. This is an important basis for protecting human rights, protecting innocent people from wrongful criminal prosecution, and ensuring that defendants are punished for their crimes. However, in practice, the investigation agencies and public prosecution agencies are more responsible for the functions of investigating, combating crimes, and charging crimes. It is inevitable that investigation and prosecutorial personnel ignore the innocence and mitigating evidence of suspects and defendants, or even refuse to transfer them. situation. The "Criminal Procedure Law of the People's Republic of China" also clearly stipulates that if the defender believes that during the investigation, review and prosecution, the public security and procuratorial organs have collected and submitted evidence proving that the suspect or defendant is innocent or the crime is minor, they have the right to apply to the People's Procuratorate and the People's Court to obtain . This right of the defender is an important part of the lawyer's right to defend. It is the basis for the lawyer to perform his defense duties and is also an important professional right for the lawyer to conduct effective defense.

In practice, if a defense lawyer believes that the public security organs, people's procuratorates, and people's courts refuse to obtain relevant evidence and hinder the exercise of the right to defend, they can file a complaint with the case-handling agency or higher-level agency, appeal to the procuratorial agency, accuse, and other channels to safeguard their rights in accordance with the law. own legitimate rights and interests.